38526 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 

1 49 U.S.C. 33106(d). 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Isabella Guzman, 

Administrator. 

[FR Doc. 2021–15524 Filed 7–20–21; 8:45 am] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; BMW of North America, LLC 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the BMW of North America, LLC’s 

(BMW) petition for exemption from the 

Federal Motor Vehicle Theft Prevention 

Standard (theft prevention standard) for 

its Toyota Supra vehicle line beginning 

in model year (MY) 2022. The petition 

is granted because the agency has 

determined that the antitheft device to 

be placed on the line as standard 

equipment is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the theft 

prevention standard. BMW also 

requested confidential treatment for 

specific information in its petition. 

Therefore, no confidential information 

provided for purposes of this notice has 

been disclosed. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2022 model year. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy, and Consumer 

Programs, NHTSA, West Building, 

W43–439, NRM–310, 1200 New Jersey 

Avenue SE, Washington, DC 20590. Ms. 

Ballard’s phone number is (202) 366– 

5222. Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. Chapter 331, the Secretary of 

Transportation (and the National 

Highway Traffic Safety Administration 

(NHTSA) by delegation) is required to 

promulgate a theft prevention standard 

to provide for the identification of 

certain motor vehicles and their major 

replacement parts to impede motor 

vehicle theft. NHTSA promulgated 

regulations at part 541 (theft prevention 

standard) to require parts-marking for 

specified passenger motor vehicles and 

light trucks. Pursuant to 49 U.S.C. 

33106, manufacturers that are subject to 

the parts-marking requirements may 

petition the Secretary of Transportation 

for an exemption for a line of passenger 

motor vehicles equipped as standard 

equipment with an antitheft device that 

the Secretary decides is likely to be as 

effective in reducing and deterring 

motor vehicle theft as compliance with 

the parts-marking requirements. In 

accordance with this statute, NHTSA 

promulgated 49 CFR part 543, which 

establishes the process through which 

manufacturers may seek an exemption 

from the theft prevention standard. 

49 CFR 543.5 provides general 

submission requirements for petitions 

and states that each manufacturer may 

petition NHTSA for an exemption of 

one vehicle line per model year. Among 

other requirements, manufacturers must 

identify whether the exemption is 

sought under section 543.6 or section 

543.7. Under section 543.6, a 

manufacturer may request an exemption 

by providing specific information about 

the antitheft device, its capabilities, and 

the reasons the petitioner believes the 

device to be as effective at reducing and 

deterring theft as compliance with the 

parts-marking requirements. Section 

543.7 permits a manufacturer to request 

an exemption under a more streamlined 

process if the vehicle line is equipped 

with an antitheft device (an 

‘‘immobilizer’’) as standard equipment 

that complies with one of the standards 

specified in that section. 

Section 543.8 establishes 

requirements for processing petitions for 

exemption from the theft prevention 

standard. As stated in section 543.8(a), 

NHTSA processes any complete 

exemption petition. If NHTSA receives 

an incomplete petition, NHTSA will 

notify the petitioner of the deficiencies. 

Once NHTSA receives a complete 

petition the agency will process it and, 

in accordance with section 543.8(b), 

will grant the petition if it determines 

that, based upon substantial evidence, 

the standard equipment antitheft device 

is likely to be as effective in reducing 

and deterring motor vehicle theft as 

compliance with the parts-marking 

requirements of part 541. 

Section 543.8(c) requires NHTSA to 

issue its decision either to grant or to 

deny an exemption petition not later 

than 120 days after the date on which 

a complete petition is filed. If NHTSA 

does not make a decision within the 

120-day period, the petition shall be 

deemed to be approved and the 

manufacturer shall be exempt from the 

standard for the line covered by the 

petition for the subsequent model year.1

Exemptions granted under part 543 

apply only to the vehicle line or lines 

that are subject to the grant and that are 

equipped with the antitheft device on 

which the line’s exemption was based, 

and are effective for the model year 

beginning after the model year in which 

NHTSA issues the notice of exemption, 

unless the notice of exemption specifies 

a later year. 

Sections 543.8(f) and (g) apply to the 

manner in which NHTSA’s decisions on 

petitions are to be made known. Under 

section 543.8(f), if the petition is sought 

under section 543.6, NHTSA publishes 

a notice of its decision to grant or deny 

the exemption petition in the Federal 

Register and notifies the petitioner in 

writing. Under section 543.8(g), if the 

petition is sought under section 543.7, 

NHTSA notifies the petitioner in writing 

of the agency’s decision to grant or deny 

the exemption petition. 

This grant of petition for exemption 

considers BMW of North America, 

LLC’s (BMW) petition for its Toyota 

Supra vehicle line beginning in MY 

2022. BMW’s petition is granted under 

49 U.S.C. 33106 and 49 CFR 543.8(c), 

which state that if the Secretary of 

Transportation (NHTSA, by delegation) 

does not make a decision about a 

petition within 120 days of the petition 

submission, the petition shall be 

deemed to be approved and the 

manufacturer shall be exempt from the 

standard for the line covered by the 

petition for the subsequent model year. 

Separately, based on the information 

provided in BMW’s petition, NHTSA 

has determined that the antitheft device 

to be placed on its vehicle line as 

standard equipment is likely to be as 

effective in reducing and deterring 

motor vehicle theft as compliance with 

the parts-marking requirements of the 

theft prevention standard. 

I. Specific Petition Content 

Requirements Under 49 CFR 543.6 

Pursuant to 49 CFR part 543, 

Exemption from Vehicle Theft 

Prevention, BMW petitioned for an 

exemption for its specified vehicle line 

from the parts-marking requirements of 

the theft prevention standard, beginning 

in MY 2022. BMW petitioned under 49 

CFR 543.6, Petition: Specific content 

requirements, which, as described 

above, requires manufacturers to 

provide specific information about the 

antitheft device installed as standard 

equipment on all vehicles in the line for 

which an exemption is sought, the 

antitheft device’s capabilities, and the 

reasons the petitioner believes the 

device to be as effective at reducing and 

deterring theft as compliance with the 

parts-marking requirements. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38527 

2 49 CFR 543.6(a)(3). 

3 49 CFR 543.6(a)(4). 

4 49 CFR 543.6(a)(5). 

5 49 CFR 512.20(a). 

More specifically, section 543.6(a)(1) 

requires petitions to include a statement 

that an antitheft device will be installed 

as standard equipment on all vehicles in 

the line for which the exemption is 

sought. Under section 543.6(a)(2), each 

petition must list each component in the 

antitheft system, and include a diagram 

showing the location of each of those 

components within the vehicle. As 

required by section 543.6(a)(3), each 

petition must include an explanation of 

the means and process by which the 

device is activated and functions, 

including any aspect of the device 

designed to: (1) Facilitate or encourage 

its activation by motorists; (2) attract 

attention to the efforts of an 

unauthorized person to enter or move a 

vehicle by means other than a key; (3) 

prevent defeating or circumventing the 

device by an unauthorized person 

attempting to enter a vehicle by means 

other than a key; (4) prevent the 

operation of a vehicle which an 

unauthorized person has entered using 

means other than a key; and (5) ensure 

the reliability and durability of the 

device.2

In addition to providing information 

about the antitheft device and its 

functionality, petitioners must also 

submit the reasons for their belief that 

the antitheft device will be effective in 

reducing and deterring motor vehicle 

theft, including any theft data and other 

data that are available to the petitioner 

and form a basis for that belief,3 and the 

reasons for their belief that the agency 

should determine that the antitheft 

device is likely to be as effective as 

compliance with the parts-marking 

requirements of part 541 in reducing 

and deterring motor vehicle theft. In 

support of this belief, the petitioners 

should include any statistical data that 

are available to the petitioner and form 

the basis for the petitioner’s belief that 

a line of passenger motor vehicles 

equipped with the antitheft device is 

likely to have a theft rate equal to or less 

than that of passenger motor vehicles of 

the same, or a similar, line which have 

parts marked in compliance with part 

541.4

The following sections describe 

BMW’s petition information provided 

pursuant to 49 CFR part 543, Exemption 

from Vehicle Theft Prevention. To the 

extent that specific information in 

BMW’s petition is subject to a properly 

filed confidentiality request, that 

information was not disclosed as part of 

this notice.5

In a petition dated November 9, 2020, 

BMW requested an exemption from the 

parts-marking requirements of the theft 

prevention standard for the Toyota 

Supra vehicle line beginning with MY 

2022. 

In its petition, BMW provided a 

detailed description and diagram of the 

identity, design, and location of the 

components of the antitheft device for 

its Toyota Supra vehicle line. Under 

543.6(a)(3), BMW stated that its Toyota 

Supra vehicle line will be installed with 

a passive, electronically-coded, vehicle 

immobilizer system (EWS) as standard 

equipment that will prevent the vehicle 

from being driven away under its own 

engine power. Key features of the 

antitheft device will include a remotecontrol w/high frequency (HF) receiver, 

mechanical keys, low frequency antenna 

(LF), radio frequency remote control w/ 

transponder, engine control unit (DME) 

with encoded start release input, 

transmission control unit (EGS) and an 

EWS (BDC) control unit. BMW stated 

that it will not offer an audible or visible 

alarm feature on the proposed device. 

Pursuant to section 543.6(a)(3), BMW 

explained the means and process by 

which the immobilizer device is 

activated and functions. BMW stated 

that activation of its antitheft device 

occurs automatically when the engine is 

shut off and the vehicle key is removed 

from the ignition system. BMW stated 

that a transponder (transmitter/receiver) 

in the radio frequency remote control 

communicates with the EWS (BDC) 

control unit providing the interface to 

the HF receiver, LF antenna and ring 

antenna, engine control unit and starter. 

After an initial starting value, the 

authentication uses the challenge 

response technique with symmetric 

secret key. BMW further stated that 

when the control unit identifies the 

correct release signal, the ignition signal 

and fuel supply are released allowing 

operation of the vehicle. BMW stated 

that deactivation may not be carried out 

with the mechanical key, but rather 

must occur by electronic means. 

BMW also stated that the vehicle is 

equipped with a central-locking system 

that can be operated to lock and unlock 

all doors or to unlock only the driver’s 

door, preventing forced entry into the 

vehicle through the passenger doors. 

BMW further stated that the vehicle can 

be further secured by locking the doors 

and hood using either the key-lock 

cylinder on the driver’s door or the 

remote frequency remote control. BMW 

stated that the frequency for the remote 

control constantly changes to prevent an 

unauthorized person from opening the 

vehicle by intercepting the signals of its 

remote control. 

As required in section 543.6(a)(3)(v), 

BMW provided information on the 

reliability and durability of its proposed 

device. To ensure reliability and 

durability of its device, BMW stated that 

it conducted tests on the antitheft 

device which complied with its own 

specific standards. BMW further stated 

that its antitheft device fulfills the 

requirements of the January 1995 

European vehicle insurance companies. 

In further addressing the reliability and 

durability of its device, BMW provided 

information on the uniqueness of its 

mechanical keys to be used on the 

Toyota Supra vehicle line. Specifically, 

BMW stated that the vehicle’s 

mechanical keys are unique because 

they require a special key blank, cutting 

machine and a unique vehicle code to 

allow for key duplication. BMW further 

stated that the new keys will only be 

issued to authorized persons and will 

incorporate special guide-way millings, 

making the locks almost impossible to 

pick and the keys impossible to 

duplicate on the open market. 

BMW further stated that all of its 

vehicles are currently equipped with 

antitheft devices as standard equipment, 

including its Toyota Supra vehicle line. 

BMW compared the effectiveness of its 

antitheft device with devices which 

NHTSA has previously determined to be 

as effective in reducing and deterring 

motor vehicle theft as would 

compliance with the parts-marking 

requirements of Part 541. BMW stated 

that its antitheft system on the Toyota 

Supra vehicle line is the same system 

employed on its existing 2 series vehicle 

line. BMW also stated that the agency’s 

most recent theft rate data for MY/CY 

2014 indicate a minor decrease and 

downward trend for those vehicles 

installed with its antitheft device which 

have been granted parts-marking 

exemptions by the agency. 

III. Decision To Grant the Petition 

Pursuant to 49 U.S.C. 33106 and 49 

CFR 543.8(b), the agency grants a 

petition for exemption from the partsmarking requirements of part 541, either 

in whole or in part, if it determines that, 

based upon substantial evidence, the 

standard equipment antitheft device is 

likely to be as effective in reducing and 

deterring motor vehicle theft as 

compliance with the parts-marking 

requirements of part 541, or if deemed 

approved under 49 U.S.C. 33106(d). As 

discussed above, in this case, BMW’s 

petition is granted under 49 U.S.C. 

33106(d). 

However, separately, NHTSA also 

finds that BMW has provided adequate 

reasons for its belief that the antitheft 

device for its vehicle line is likely to be 


jbell on DSKJLSW7X2PROD with NOTICES
38528 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 

as effective in reducing and deterring 

motor vehicle theft as compliance with 

the parts-marking requirements of the 

theft prevention standard. This 

conclusion is based on the information 

BMW provided about its antitheft 

device. NHTSA believes, based on 

BMW’s supporting evidence, that the 

antitheft device described for its vehicle 

line is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the theft 

prevention standard. 

The agency concludes that BMW’s 

antitheft device will provide the four of 

the five types of performance features 

listed in section 543.6(a)(3): Promoting 

activation; preventing defeat or 

circumvention of the device by 

unauthorized persons; preventing 

operation of the vehicle by 

unauthorized entrants; and ensuring the 

reliability and durability of the device. 

The agency notes that 49 CFR part 

541, Appendix A–1, identifies those 

lines that are exempted from the theft 

prevention standard for a given model 

year. 49 CFR 543.8(f) contains 

publication requirements incident to the 

disposition of all part 543 petitions. 

Advanced listing, including the release 

of future product nameplates, the 

beginning model year for which the 

petition is granted and a general 

description of the antitheft device is 

necessary in order to notify law 

enforcement agencies of new vehicle 

lines exempted from the parts-marking 

requirements of the theft prevention 

standard. 

If BMW decides not to use the 

exemption for its requested vehicle line, 

the manufacturer must formally notify 

the agency. If such a decision is made, 

the line must be fully marked as 

required by 49 CFR 541.5 and 541.6 

(marking of major component parts and 

replacement parts). 

NHTSA notes that if BMW wishes in 

the future to modify the device on 

which this exemption is based, the 

company may have to submit a petition 

to modify the exemption. Section 

543.8(d) states that a part 543 exemption 

applies only to vehicles that belong to 

a line exempted under this part and 

equipped with the antitheft device on 

which the line’s exemption is based. 

Further, section 543.10(c)(2) provides 

for the submission of petitions ‘‘to 

modify an exemption to permit the use 

of an antitheft device similar to but 

differing from the one specified in the 

exemption.’’ 

The agency wishes to minimize the 

administrative burden that section 

543.10(c)(2) could place on exempted 

vehicle manufacturers and itself. The 

agency did not intend in drafting part 

543 to require the submission of a 

modification petition for every change 

to the components or design of an 

antitheft device. The significance of 

many such changes could be de 

minimis. Therefore, NHTSA suggests 

that if BMW contemplates making any 

changes, the effects of which might be 

characterized as de minimis, it should 

consult the agency before preparing and 

submitting a petition to modify. 

For the foregoing reasons, the agency 

hereby grants in full BMW’s petition for 

exemption for the Toyota Supra vehicle 

line from the parts-marking 

requirements of 49 CFR part 541, 

beginning with its MY 2022 vehicles. 

Issued under authority delegated in 49 CFR 

1.95 and 501.8. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2021–15522 Filed 7–20–21; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket Number NHTSA–2011–0084] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Compliance Labeling of 

Retroreflective Materials for Heavy 

Trailer Conspicuity 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for comment 

on the reinstatement of a previously 

approved collection of information. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Request (ICR) abstracted 

below, regarding the reinstatement of a 

previously approved collection of 

information on Federal Motor Vehicle 

Safety Standard (FMVSS) No. 108, will 

be submitted to the Office of 

Management and Budget (OMB) for 

review and approval. The ICR describes 

the labeling requirement for 

retroreflective sheeting material and its 

expected burden. A Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

information collection was published on 

July 7, 2020. No comments were 

received regarding this information 

collection. 

DATES: Comments must be submitted on 

or before August 20, 2021. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection, including 

suggestions for reducing the burden, 

should be submitted to the Office of 

Management and Budget at 

www.reginfo.gov/public/do/PRAMain. 

To find this particular information 

collection, select ‘‘Currently under 

Review—Open for Public Comment’’ or 

use the search function. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact Andrei 

Denes, U.S. Department of 

Transportation, NHTSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. Mr. Denes’s telephone number is 

(202) 366–1810, and fax number is (202) 

366–7002. Please identify the relevant 

collection of information by referring to 

its OMB Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501 et seq.), a Federal 

agency must receive approval from the 

Office of Management and Budget 

(OMB) before it collects certain 

information from the public and a 

person is not required to respond to a 

collection of information by a Federal 

agency unless the collection displays a 

valid OMB control number. In 

compliance with these requirements, 

this notice announces that the following 

information collection request will be 

submitted OMB. 

A Federal Register notice with a 60- 

day comment period soliciting public 

comments on the following information 

collection was published on July 7, 2020 

(85 FR 40735). 

Title: 49 CFR 571.108, Standard No. 

108; Lamps, reflective devices, and 

associated equipment; Compliance 

Labeling of Retroreflective Materials for 

Heavy Trailer Conspicuity 

OMB Control Number: 2127–0569. 

Type of Request: Reinstatement of a 

previously approved collection. 

Type of Review Requested: Regular. 

Length of Approval Requested: Three 

years. 

Summary of the Collection of 

Information: The National Traffic and 

Motor Vehicle Act, authorizes the 

Secretary of Transportation (NHTSA by 

delegation), at 49 U.S.C. 30111, to issue 

Federal Motor Vehicle Safety Standards 

(FMVSS) that set performance standards 

for motor vehicles and items of motor 

vehicle equipment. Further, the 

Secretary (NHTSA by delegation) is 

authorized, at 49 U.S.C. 30117, to 

require manufacturers to provide 

information to first purchasers of motor 

vehicles or items of motor vehicle 

equipment related to performance and 

safety in printed materials that are 


jbell on DSKJLSW7X2PROD with NOTICES